Legal Opinion

Libby v. Van Derzee

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 7 opinions

Appeal by the plaintiff, Ella G-. Libby, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Richmond on the 2d day of April, 1902, upon the decision of the court, rendered after a trial at the Richmond Special Term, dismissing the complaint upon the pleadings.

1Opinion of the Court

Hirschberg, J.:

The plaintiff seeks to recover a money judgment against certain of the defendants, who are the executors of John H. Van Clief, deceased, who was her general guardian. She has joined as party defendants the children of said deceased and certain other persons, who, she says, were also wards of the said deceased; but why these *495children and wards are joined as defendants does not very clearly appear. The ground of the action is contained in the allegations that the said deceased was duly appointed her guardian on January 13, 1864; that he received the money in question thereafter;…

2Cases cited2 opinions

  1. In re Van DerzeeNew York Supreme Court · 1893
  2. In re the Judicial Settlement of the Account of SackAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by7 opinions

  1. Mitchell v. MitchellAppellate Division of the Supreme Court of the State of New York · 1915
  2. Schiffman v. Hospital for Joint DiseasesAppellate Division of the Supreme Court of the State of New York · 1971
  3. In re DeitzNew York Surrogate's Court · 1929
  4. In re GatteauNew York Surrogate's Court · 1942
  5. Constantine v. ConstantineAppellate Division of the Supreme Court of the State of New York · 1904

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